“In late 2009, I was selected to represent NCL Appalachian Partners LP in a dispute on a sale of acreage/mineral rights in the middle part of Pennsylvania. The claims were many and ranged from disputed title to allegations of fraud and misrepresentation with respect to the complicated transaction. The buyer, Ultra Resources, was attempting to unwind a $400 million purchase and was withholding in excess of $100 million. The claims were serious and complicated, and resulted in four separate lawsuits — three in Pennsylvania and one in Houston.

“Discovery was fast-tracked in all of the proceedings, and the senior executives (of) both NCL Appalachian Partners and Ultra Resources were deposed at length. Our opponents were focused on efforts to avoid paying the final $100 million and getting back more than $300 million that had been paid. The claims were many, but the fraud claims were most troubling, as they could void the entire deal and, if not defeated, have continuing business impacts on our client and its principals.

“The outcome was a total victory for our client, as we won all issues on summary judgment before the court in Texas and won all the issues before the courts in Pennsylvania related to title. Ultra Resources’ efforts to get reconsideration failed. Our client, NCL Appalachian, and its principals were cleared of any and all breaches or wrongdoing, and Ultra Resources was not only determined to be liable to pay in full all amounts due, but also substantial interest and NCL Appalachian’s legal fees.

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